Chile

The law requires warnings on unit packaging and labeling of tobacco products.

The law meets FCTC Art. 11 in this respect.

The law requires warnings on outside packaging and labeling (e.g., cartons) of tobacco products.

The law meets FCTC Art. 11 in this respect.

Decree No. 5 provides the warnings as they should be displayed on tobacco product packaging and labeling. The warnings are in Spanish language, the principal language of the country.

The law meets FCTC Art. 11 in this respect.

The law does not affirmatively state that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively prohibit placing warnings or messages where they may be permanently damaged or concealed when opening the pack.

The law affirmatively prohibits any drawings, colors, designs, or marks to be placed where they may conceal the warnings. This is interpreted as requiring that tax stamps and other required markings not be placed where they may conceal warnings or messages.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.

The law requires the display of a qualitative (descriptive) constituents and emissions warning on 100% of one lateral side of the package. The warning must read:

THE SMOKE IN EVERY CIGARETTE YOU SMOKE CONTAINS TOXIC SUBSTANCES: TAR, A COMPOUND THAT GIVES YOU CANCER; NICOTINE, A SUBSTANCE THAT ADDICTS YOU; CARBON MONOXIDE, A TOXIC GAS EQUIVALENT TO THAT EMITTED FROM EXHAUST PIPES; ARSENIC, A CHEMICAL USED AS A RAT POISON.

A similar message is required on the packaging of tobacco products other than cigarettes.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to requiring a qualitative constituents and emissions message.

There is no affirmative prohibition on the display of figures for emissions yields.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively prohibit the display of figures for emission yields.

Plain packaging of tobacco products is not required in Chile. The FCTC Art. 11 Guidelines provide that Parties should consider adopting plain packaging measures that restrict or prohibit the use of logos, colors, brand images, or other promotional information on packaging other than brand and product names displayed in a standard color and font style. Plain packaging aims to reduce the appeal of tobacco products, to increase the noticeability of health warnings, and to reduce the ability of the packaging of tobacco products to mislead consumers about the harmful effects of smoking.

The law and regulations prohibit including in the name or properties associated with a brand of cigars or cigarettes terms such as ‘light,’ ‘smooth,’ ‘mild,’ ‘low in tar,’ ‘low in nicotine,’ ‘low in carbon monoxide.’ The law and regulations do not specifically address other signs or indicia (e.g., colors, numbers) that directly or indirectly create a false impression that a product is less harmful than another. Therefore, the regulatory status code “Some Restrictions” is given.

To meet FCTC Art. 11, the law should prohibit not only misleading terms, but also any colors, numbers, signs, or other indicia that imply the same.